Border Security, Asylum and Immigration Bill

Nick Timothy Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Yvette Cooper]

As the hon. Lady will know, this challenge has been escalating for six years. We have seen a huge increase in the number of boat crossings, and underpinning that increase is the development of a criminal industry. In 2018 there were barely a handful of boat crossings, and now an entire criminal industry has developed based on false advertising and marketing, and on being able to promise people that they will be able to work illegally. That is why the previous Government’s complete failure to take enforcement action on illegal working or to make sure that there was a proper system in place for returns has been deeply damaging.

The Bill provides statutory underpinning for the new Border Security Command. For too long, different agencies with responsibility for border security have been operating in silos, without clear strategy or direction. Criminals can exploit that fragmentation, and the new Border Security Command that we established last summer is drawing together the work of different agencies including Border Force, the National Crime Agency, local police forces, His Majesty’s Revenue and Customs, immigration enforcement, the intelligence and security agencies and, because strengthening our borders means working internationally, the work of the Foreign Office on border security. Led by former police chief Martin Hewitt, Border Security Command is already having an impact, driving law enforcement co-operation across Europe and beyond. By placing it on a statutory footing and securing its authority and direction, for the first time border security is being treated as the national security issue that it needs to be, engaging with the multiple challenges and threats that we face around our borders.

The Bill strengthens the powers that law enforcement can use against ruthless and devious criminals. For too long, the ringleaders and facilitators of this wretched trade have been able to evade justice by ensuring that they are not present when the money changes hands or the boats set off. That has to change. Learning from early intervention counter-terrorism powers, the Bill will make possible much stronger early action against smuggler and trafficking gangs. New powers will better target supply chains, making it an offence to organise the buying, selling and transporting of small boat parts, motors and engines to be used for illegal entry—not waiting until we can prove that the boats in question were used to arrive at Western Jet Foil.

We are making it an offence to organise the logistics or gather information for the purposes of organised immigration crime, making clear that that is targeting criminal gangs who are profiting from trading in people, not those who help rescue others from serious danger or harm. We are giving law enforcement powers to seize and search the mobile phones of those arriving on small boats, to trace the gangs who organised their journey. As Rob Jones from the National Crime Agency said,

“if you get effective legislation, and you get concerted effort across the system internationally, you can make a real difference.”

That is why a Bill such as this is so important.

[Nick Timothy (West Suffolk) (Con)]

I have asked the Home Secretary this before and she has not given an answer yet: which metric should we use, and by which date, if we are to ascertain whether she has succeeded in smashing the gangs?

[Yvette Cooper]

We have been clear as part of the plan for change that the purpose is to reduce illegal migration and the number of boats crossing the channel, because no one should be making those dangerous journeys. We must take these powers to be able to go after the gangs —powers that, astonishingly, the hon. Gentleman and his party seem to want to vote against tonight. They will be voting against the action that we need, and voting in favour of the criminal gangs, letting them off the hook once again.

I am also deeply concerned about the growing violence and risk to life. In the past 12 months we have seen a disturbing number of cases where the French authorities have tried to rescue people, including children, from dangerously overcrowded boats on which they were being crushed to death. One such case was last April when a seven-year-old girl died. Even though people had died and many were complicit in the crushing and putting lives at risk, some refused rescue and remained on the boat to travel to the UK. We must be able to take stronger action here in the UK. We must be able to extradite people to France to face trial, but we need powers in the UK too. A new offence of endangering life at sea is being introduced to send a clear message that we will take action against those who are complicit in loss of life or risk to life at sea. Those involved in behaviour that puts others at risk of serious injury or death, such as physical aggression, intimidation or rejecting rescue attempts, will face prosecution.

--- Later in debate ---

[Nick Timothy (West Suffolk) (Con)]

The Home Secretary asked earlier why we oppose this Bill. The answer is that it weakens the law and it allows illegal immigrants to claim asylum, live off benefits and become British citizens. It hinders enforcement by stopping scientific age checks for illegal immigrants and it allows the courts to further restrict immigration detention. No wonder the Home Secretary was yet again unable to say which metric we should use, and when, to judge whether she has succeeded in “smashing the gangs”. Once more she revealed her party’s true self by arguing that the problem with the crossings is not the crime of illegal immigration, but the risk to the illegal immigrants.

Much of this Bill is fanciful. New offences for facilitating the channel crossings apply in other jurisdictions. The idea that the state, even working with other countries, might identify, arrest and extradite the criminals involved, when it fails to prosecute elementary immigration crimes committed on British soil, seems far-fetched.

Some measures are pathetically weak. For example, the Bill requires the Border Security Commander to produce a “strategic priority document”, to which partners agencies must have “regard”. Even measures that supposedly toughen policy have glaring loopholes. The new offence of

“endangering another during sea crossing”

excludes the parents of children on the boats from prosecution, obviously encouraging migrants to put more children on to the boats. But it is all a sham, because we know that the Government’s real policy is to rush asylum claims through, accepting the vast majority before hiding immigrants in the welfare and local authority housing budgets. A Government impact assessment last July admitted that in black and white, stating that 44,000 illegal immigrants who Ministers were choosing not to deport would be granted asylum instead. That cohort alone will cost the taxpayer up to £18 billion over their lifetimes. So opaque was the Home Office about the true costs of its policy choices that the UK Statistics Authority rebuked it, in a letter to me, for being insufficiently transparent.

That should prompt an urgent question about what we are going to do with the huge numbers of low-skilled and high-cost immigrants who have come to Britain in recent years. According to the Centre for Policy Studies, more than 2 million visas have recently been issued to immigrants who could soon get indefinite leave to remain. That gives them the right to live in Britain indefinitely, and grants them access to the NHS, social housing and benefits. Even cautious estimates suggest that the net lifetime fiscal cost to the taxpayer could reach £234 billion.

That brings me to my final point: those immigrants who entered the country illegally should never be allowed to stay here, and those who came here legally on time-limited visas and have not contributed enough should be expected to leave. My right hon. Friend the Leader of the Opposition is right to say that ILR should be conditional on someone’s respect for the law and their contribution to our economy. That would go some way to making up for the failures of immigration policy in the recent past, and it would mean a different system, in which we think of immigration as a temporary stay, not a permanent right. It would increase the outflow of migrants as we also control the inflow, and ensure that both the law and the state are in a condition to deliver that policy.

Civilisations that are unable to control their borders die, and ours is no exception. The future of immigration policy must be not just about who comes here, but about who we decide must leave.

Border Security, Asylum and Immigration Bill

Nick Timothy Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Lisa Smart (Hazel Grove) (LD)]

I rise to speak to new clause 21 and other new clauses in my name and those of other hon. Members. I put on record my particular thanks to my hon. Friends the Members for Woking (Mr Forster), and for Mid Dunbartonshire (Susan Murray), for the sterling shifts they put in on the Bill Committee.

We can all agree on the need to stop these perilous channel crossings, but under the Conservatives, safe and legal routes were dismantled, forcing vulnerable people into the hands of criminal gangs. Meanwhile, the asylum system was left to rot, and a staggering backlog grew year after year. Now we have thousands of people stuck in limbo, unable to work, rebuild their life or contribute to the UK economy, while taxpayers foot the bill for hotel accommodation in communities like mine.

[Nick Timothy (West Suffolk) (Con)]

Does the hon. Lady accept that, despite what she has just said, under the last term of the Conservative Government, record numbers of people came here through resettlement schemes, which are safe and legal routes?

[Lisa Smart]

I am grateful to the hon. Gentleman for intervening on me in debates on immigration; this is not the first time we have had a conversation of this nature. Ukrainians and Hongkongers came here under the previous Government, and that is to be welcomed—

[Nick Timothy]

And Afghans.

[Lisa Smart]

And Afghans; the hon. Gentleman makes a valid point. But there are countries in the world—Eritrea, Sudan and others—from which there are no safe and legal routes, and that is what new clause 21 is about.

The Home Secretary said in the White Paper published this morning that we need an immigration system that is “fair and effective”, and I strongly agree with her. The current system is neither, and I would have liked to have seen more in the Bill to change that. The Liberal Democrats believe in a common-sense immigration and asylum system that treats people with dignity. That means scrapping headline-chasing gimmicks, such as the Conservatives’ Rwanda plan, investing in swift decision making, and tackling the problem of criminal gangs at its root. We welcome some of the measures in the Bill to achieve those ends, but one of the most glaring injustices of our system is the ban on work for people seeking asylum. Right now, those who have been waiting months and months for a decision are barred from working to support themselves and their family, and from contributing to the economy. That is wasteful and demoralising; it is a lose-lose for everyone. New clause 21 in my name would change that. It proposes that if someone has been waiting for more than three months, they should be able to pay their fair share.

I know from those seeking asylum in my area that these are people who want to pay their way, contribute their skills and taxes and be part of the local community. We should not be stopping them. This is about common sense. Giving people the right to work will ease the pressure on public finances and give dignity back to those caught up in the system. It will help employers to fill vacancies at a time of work shortages, and allow asylum seekers to build the foundations of a new life. I urge colleagues across the House to support this new clause. It is the fair and practical thing to do, and it benefits us all.

Any Government serious about tackling the smuggling gangs—and I believe that this Government are—must cut off the gangs’ business model at the source. New clauses 22 and 36 would require the Government to set out new safe and legal routes, giving those fleeing persecution a proper alternative to dangerous crossings. The lack of these routes is a direct cause of the current crisis. We cannot keep saying that we want to stop the boats while slamming shut every door to safety for those who need it. There must certainly be greater scope for family reunion. No child should have to face the trauma of fleeing war or persecution alone, only to be denied proper contact with their loved ones. New clause 27 would widen family reunion rules, so that unaccompanied child refugees could be joined by their closest relatives.

--- Later in debate ---

[Phil Brickell]

I am pleased to speak in support of the Bill, because for far too long, criminal smuggling gangs have operated with virtual impunity, ruthlessly exploiting men, women and children and putting their lives at risk for profit. That is why I am encouraged to see a Government being honest with me and my constituents. No more gimmicks. No more wasting £700 million on unworkable and fantastical Rwanda schemes. They are just giving our law enforcement bodies the tools and resourcing that they need to intervene earlier and act faster.

The Bill contains new offences targeting those who supply or handle boat parts used in crossings, with up to 14 years behind bars for those found guilty. It allows for the seizing of electronic devices, such as phones and laptops, to help gather evidence and disrupt operations, and creates a new interim serious crime prevention order, which allows immediate restrictions on travel, communications and finances, so that we can stop criminals in their tracks before they escalate their activity. I am particularly pleased about the £150 million going into the new Border Security Command, and further National Crime Agency officers working across Europe—including, importantly, through Europol. It is not rocket science, but the National Crime Agency has said that these measures will give it what it needs to disrupt smuggling networks and dismantle their business model.

Just as importantly, the Bill will put a stop to the Conservative party’s attempts to make us turn our back on the world. The fantastic trade deals that we concluded just last week with India and the US are vital recognition that putting Britain back on the global stage and tackling the gangs that are smuggling people into our country can go hand in hand. Crime does not respect borders, so it is quite right that we are prioritising strong international partners. I particularly welcome the new joint action plan with Germany and, through the Calais Group and the G7, the alignment of efforts across Europe to shut down smuggling groups, seize key equipment and bring gang leaders to justice.

New clauses 6 and 7 set reasonable timelines for first-tier tribunal appeal determinations. Those are important clarifications, given the damage done to trust in our immigration system by interminable proceedings and delays. Those new clauses will cut the asylum backlog and drastically save money for taxpayers. New clause 8 will, I hope, improve our approach to persons convicted of serious sexual offences, which my constituents have grave concerns about. It is right that foreign nationals who commit sex offences should not be able to claim refugee status in the UK.

The UK is a welcoming and open nation, and we need a sensible, fair and caring immigration system to support our key industries. I am pleased that the Government are making moves towards that, and I will be pleased to support the Bill tonight.

[Nick Timothy]

I want to go through the differences between what the Government told the newspapers, and the reality of this Bill and the amendments that have been tabled. Ministers said that they would change indefinite leave to remain, but the White Paper proposal today is weak, and the Home Secretary admitted that it may not apply to immigrants who are already here. It is therefore no wonder that the Government refuse to support new clause 11, which would do the job for them.

The visa crackdown on the nationalities blamed for asylum costs—Pakistanis, Nigerians and Sri Lankans, we were told—and the promise to kick out all foreign criminals were both headlines, but no credible policy on those issues was presented to us today. The Government promised action against the tens of thousands of people, or maybe more, who are working illegally for delivery companies as a result of abusing substitution clauses. It is welcome that substitution clauses are being added to sections 15 to 24 of the Immigration, Asylum and Nationality Act 2006, but what will be the operational reality? There are perhaps 1 million illegal immigrants in Britain, but only 366 fines were imposed for illegal working in the last quarter of last year. At least 100,000 people are trading identities online to work as substitutes.

Before the local elections, the headlines said, “Foreign sex offenders will be banned from claiming asylum in the UK”. I suppose that is what Government new clause 8 does, but what use is that new clause if Ministers do not give themselves legal powers to deport foreign sex offenders? The Government are whipping their MPs to vote against new clause 14, which disapplies the Human Rights Act and interim measures issued by the European Court of Human Rights in Strasbourg.

I am afraid that today is just another stage in the cycle of political deceit. I should say that in the past, my party has been as culpable as the Labour party—we must be honest about that. Immigration policy must be about not just who comes here, but who we decide must leave. People who are here on time-limited visas must be told to go; people who refuse to accept our culture and way of life must leave; and people who have broken the law, and those who take out more than they put in must be thrown out. We will need to ensure vast numbers of removals and deportations in the years ahead, and we need to remove the legal impediments in domestic law, and in international conventions drafted in another age, that stop us securing the border and saving our country.

We must also be tough about who we allow to come here. We cannot afford to import more of the world’s hatreds, nor to allow foreign conflicts to be fought out on our streets. We must accept that not every migrant is the same, and not every culture is equal; one in 50 Albanians in Britain is in jail, one in three Pakistani and Bangladeshi heritage adults is economically inactive, and 72% of Somalis live in social housing. We are a million miles away from doing what is necessary, and despite the rhetoric, this Bill takes us even further backwards. Look past the words, and this country will see what this Government are doing.

[Jo Platt (Leigh and Atherton) (Lab/Co-op)]

I rise to speak in support of the Bill and the Government’s new clauses, as this issue matters deeply. When we talk about immigration and border control, we are not just talking about policies made in Westminster, but about real-life consequences for those seeking refuge. This Bill is a major step forward in building an immigration system that is both firm and fair, both robust and compassionate. Since the general election, this Government have already taken bold action. Over 24,000 people with no legal right to remain have been processed—the most in years. In just one month, enforcement teams raided over 800 businesses, arresting more than 600 people for allowing illegal working practices—a 73% increase on the same period last year.

However, this is not just about numbers; it is about confronting a criminal underworld that preys on human suffering. People-smuggling gangs are profiting from desperation. They are putting lives at risk in the channel and undermining the values of fairness and order that we all believe in. With this Bill, and with new clauses 6 to 8, we can now go even further. We are introducing real criminal penalties for those who supply boat parts—up to 14 years in prison. We are making it a crime to endanger life at sea during illegal crossings, modernising how we process asylum claims by using artificial intelligence to speed up decisions, banning sex offenders from ever claiming refugee status in this country, and putting tough restrictions on bogus immigration lawyers.

Let me be clear: being tough does not mean being cruel. True compassion means creating a system that works for everyone. That includes the people who are coming here, because there is nothing humane about placing vulnerable people from around the world in the most deprived communities in the country, with poor housing, overstretched services, and no opportunity to rebuild their lives.

In Leigh, we have seen that at first hand. This does not relate to the Bill, but I need to mention it: Serco has acquired many properties in my constituency and in the Greater Manchester area generally. Our town has lost its industry. We have fewer job opportunities and a housing crisis of our own, and yet we are being asked to carry a disproportionate burden simply because our homes are cheaper. That is not compassion; it is neglect. People are being housed in failing conditions and no one benefits—not the asylum seekers and not our local residents.

This Government are delivering real results—results that we are seeing for the first time. This is what we need to see. We need to see a fairer system that protects lives, upholds the law and restores order without losing sight of basic human dignity.

--- Later in debate ---

[Tom Hayes]

So late in the day, with so much said, I am going to take a direction that differs from that taken by some of my colleagues. I want to talk about what border security means for us as a country.

The playwright James Graham says that our country is only the story that we tell about ourselves. With the Conservatives, we were told a story of hopelessness, despair and scapegoating. People were left to believe that we should be frightened by the challenges we face, frightened by our inability to meet them, and frightened by the setbacks that we face and what they say about who we are and where we are going. That is why it is so important for this Labour Government to be correcting that narrative. Getting a grip on our borders, closing asylum hotels, bringing the asylum bill down: those are the basics that people expect. They are what make people feel confident, not frightened—secure, not susceptible to those on the Opposition Benches who would peddle empty promises and, ultimately, let the British people down.

[Nick Timothy]

Will the hon. Gentleman give way?

[Tom Hayes]

No.

For me, border security sits alongside fixing potholes, tackling graffiti and fly-tipping, and stopping e-scooter and e-bike speeding. It is obviously more complicated—for one thing, it involves a great deal of international negotiation—but border security is security. It is vital for people’s safety and pride. It underpins so much. If people cannot rely on the basics, they cannot begin to enjoy everything else that life has to offer. If people cannot see pledges being kept, promises being delivered and things being improved where they live, they will not just lose trust; they will succumb to hopelessness. We must not allow the spirit of our people to break. We must get the basics right, and with the Bill we will do that.

We will secure our borders with this Bill and these amendments. We will have new powers on seizing electronic devices, a new law to protect life at sea, a new statutory border security command, tougher action on foreign national sex offenders, and the ending of asylum hotels that cost eye-watering sums. It is in our national interest to get our borders back under control against criminal smuggler gangs.

In order to understand the politics of where we are, I have been looking back at old debates, and Conservative Members may enjoy hearing what I am about to say. With our policies and politics on border security, as with much else, I feel that we could benefit from listening to a question that was put by the first Earl of Stockton in his maiden speech in the other place in 1985. He said:

“Should we just slowly and majestically sink…like a great ship—or shall we make a new determined and united effort… Let us do the latter and then historians of the future will not describe…the decline and fall of Britain but…the beginning of a new and glorious renaissance.”—[Official Report, House of Lords, 23 January 1985; Vol. 459, c. 254.]

As the Member of Parliament for Bournemouth East, I want to work with all in this place who share the former Conservative Prime Minister’s moderation and determination to have a united effort to bring about a better Britain. That involves fixing the basics, such as border security. After all, it would be an absurdity for small boats to sink a bigger ship.